As noted in our May 3, 2023 client alert, Congress enacted the Pregnant Workers Fairness Act (“PWFA”) in late 2022, expanding protections for pregnant workers. This statute, which went into effect on June 27, 2023, requires employers to provide reasonable accommodations to an employee’s known limitation related to pregnancy, childbirth, or related medical conditions. The PWFA directed the Equal Employment Opportunity Commission (“EEOC”) to make rules to implement the statute and provide examples of reasonable accommodations. On August 7, 2023, the EEOC issued a notice of proposed rulemaking that discusses various elements of the PWFA.
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